How Cryptocurrency and NFTs Are Inherited in India: Legal Framework, Challenges, and Will Planning Essentials
Crypto and NFTs now form a significant part of many Indians' wealth, yet without proper planning, these assets can vanish forever upon death due to inaccessible private keys or unclear laws. In 2025, courts like the Madras High Court affirmed cryptocurrencies as "property" under Indian law, enabling inheritance but highlighting gaps in succession rules. This guide from iWills.in breaks down the process, risks, and steps to secure your digital legacy.evaakil+2
Legal Status of Crypto and NFTs
Indian courts classify cryptocurrencies and NFTs as "property"—intangible but ownable, transferable, and protectable via trusts. The Income Tax Act's Section 2(47A) defines them as Virtual Digital Assets (VDAs), subjecting transfers to 30% flat tax plus 1% TDS, but inheritance itself remains tax-free. Succession falls under the Indian Succession Act, 1925 (for Christians, Parsis, others) or Hindu Succession Act, 1956, treating VDAs as movable property.iwills+2
Inheritance Process Step-by-Step
With a will, probate (court validation) proves its authenticity, especially mandatory in Mumbai, Kolkata, Chennai; exchanges like WazirX require it alongside death certificate, heir KYC, and indemnity. Without a will (intestate), heirs need a Succession Certificate from civil court (6-12 months, 2-3% fees), not just Legal Heir Certificate. Platforms transfer to heir's KYC account post-verification; self-custody wallets demand pre-shared seed phrases or keys.iwills+1
Key Challenges for Heirs
Private keys make self-custody irreversible—if lost, assets are gone forever, no court recovery possible. Nominees act as trustees, not owners, distributing per law; IT Act blocks unauthorized access without orders. NFTs add IP issues: heirs get the token but often not copyright, complicating valuation for probate fees.evaakil+1
Recent Developments
Madras High Court in Rhitukumari vs. Zanmai Labs (2025) ruled crypto as property with "exchangeable value," citing precedents like Jilubhai Nanbhai Khachar. Post-2024 WazirX hack, exchanges tightened rules, favoring court orders; no new VDA succession law, but DPDP Act stresses data privacy in access.coingeek+2
Best Practices for Will Planning
Draft a will naming a tech-savvy digital executor; attach a sealed "Access Memorandum" listing wallets, keys, seeds, exchange logins—store securely. Update annually, nominate on platforms, review post-purchases; iWills.in simplifies compliant wills covering VDAs nationwide. Consult lawyers for multi-state assets or NRIs.iwills+2
Protect your crypto legacy—start your will at iwills.in today to avoid disputes and losses.iwills
creasingly digital—from demat accounts and online insurance policies to UPI wallets and social media—death or incapacity can leave behind a hidden maze of assets. Imagine your family struggling to access your Paytm balance, claim a forgotten mutual fund, or even recover sentimental photos, all because no one knows your passwords. With ₹1.84 lakh crore in unclaimed assets lying dormant in India (as per government estimates), this isn't just a tech glitch—it's a family crisis waiting to happen.
Enter the Digital Personal Data Protection Act (DPDPA), 2023, and its draft rules released in 2025. For the first time, Indian law introduces a "Right to Nominate", empowering you to appoint a "digital executor" who can step in when you're gone. This game-changer ensures your digital legacy doesn't vanish into the void.
What is the "Right to Nominate" Under DPDPA?
The DPDPA, India's landmark data privacy law, recognizes that personal data outlives us. Section 14 of the draft rules allows you to nominate someone—typically a trusted family member or executor—to manage your digital footprint post-death or incapacity.
Your nominee gains access and management rights, requesting data controllers (like banks, apps, or platforms) to provide account details, correct inaccuracies, or delete data. Crucially, they can locate and retrieve info on digital assets, such as cryptocurrency wallets, online investments, or e-insurance policies—vital for claiming ownership. Commentators like legal experts at Nishith Desai Associates emphasize that DPDPA doesn't alter inheritance rules under the Indian Succession Act or Hindu Succession Act. It simply makes proving and accessing those assets easier.
Picture this: Your will mentions a Zerodha demat account, but without login details, heirs face endless KYC hurdles. A DPDPA nominee cuts through that red tape.
Why Digital Inheritance Matters for Indian Families
Traditional wills cover property and gold, but digital assets are the new frontier. NRIs with overseas accounts or HNIs with crypto portfolios face extra layers of complexity—international laws, probate delays, and platform policies.
Without nomination, siblings fight over untraceable assets, echoing real cases where courts battled for years over email-stored property deeds. RBI data shows millions in dormant bank accounts; add digital wallets, and the figure balloons. For Non-Resident Indians, this aligns with FEMA compliance, letting nominees coordinate across borders. High-Net-Worth Individuals can nominate professionals to handle complex portfolios seamlessly.
Failing to plan? Your digital life becomes a probate nightmare, costing time, money, and family harmony.
How the Right to Nominate Complements Your Will
DPDPA isn't a standalone fix—it's the perfect partner to a registered will. A traditional will dictates who inherits your legal heirs' share, covering both physical and explicitly listed digital assets, but it activates only post-probate, which can take months or years. In contrast, the DPDPA Right to Nominate enables immediate access to prove those assets upon death or incapacity notice.
Your will's executor manages the estate broadly, while the DPDPA nominee focuses on data-specific requests, like retrieving unlisted digital accounts. By nominating via DPDPA and creating a will on platforms like iWills.in, you create a bulletproof estate plan. List digital assets in your will, nominate your spouse or child as digital executor, and watch inheritance flow smoothly.
Steps to Secure Your Digital Inheritance Today
Don't wait for the final DPDPA rules—act now with these practical steps:
Create or Update Your Will: Use iWills.in for a legally valid online will, explicitly listing digital assets like email, cloud storage, and financial apps.
Appoint a Nominee: Submit a nomination form to key platforms (Google, banks, brokers) under DPDPA guidelines once notified.
Secure Access Info: Store passwords in a "digital vault" (e.g., password managers with nominee access) and share via your will's executor.
Notify Heirs: Educate family on your nominee to avoid surprises.
Review Annually: Life changes—update nominations as needed, especially for NRIs with multi-jurisdiction assets.
Pro Tip: Register your will at iWills.in for tamper-proof validity, integrating DPDPA seamlessly.
The Future of Digital Legacy in India
As DPDPA rules finalize in 2026, expect platforms to roll out nomination tools, much like "Legacy Contact" on Apple or Facebook. But proactive planning today prevents tomorrow's regrets.
Your digital assets are part of your legacy—protect them for the ones you love. Start with a will at iWills.in and nominate wisely under DPDPA.